When a driver causes an accident resulting in injury and/or property damage to another driver, the injured driver has several options for recovery. The first step is usually to file a claim against the at-fault driver’s insurance. Unfortunately, not every driver carries auto liability coverage, despite Texas’ car insurance laws. When a driver gets into an accident with an uninsured motorist, several complications can arise.
At The Law Firm of Aaron A. Herbert, P.C. our Texas car accident lawyers know how to properly protect injured drivers against uninsured, negligent drivers. Call our team today to schedule a free, no-obligation consultation to see how we may help you pursue a lawsuit.
Texas’ Auto Insurance Laws
Texas requires all licensed drivers to purchase insurance coverage that allows for up to $30,000 for each injured person and $60,000 for a single accident. Auto insurance policies must also cover up to $25,000 in property damage. Many refer to this format as 30/60/25 coverage. If a motorist with the minimum amount of coverage causes an accident with another driver resulting in more expensive damages than his or her policy will cover, the at-fault driver should expect a lawsuit from the injured driver.
Liability coverage in an auto insurance policy will cover medical expenses, lost wages, and compensate the victim’s pain and suffering. The policy will also cover repairing or replacing the injured driver’s vehicle and may also cover the cost of a rental while the car is in the shop for repairs. Liability coverage will also pay up to $250 for bail if the police arrest an at-fault driver after an accident and may help with attorneys’ fees. It’s important to note that the minimum coverage allowed by Texas law may not be enough to entirely cover the damages after an accident.
Filing a Lawsuit Against an Uninsured Driver
A driver who causes an accident while uninsured faces more significant legal challenges than an insured driver in the same situation. First, the at-fault driver will face legal penalties for driving without insurance coverage. Second, the at-fault driver will have no insurance coverage to fall back should the injured motorist file a personal injury lawsuit. The injured driver will likely file a claim against his or her own insurance policy and then explore options for legal recourse against the at-fault driver for additional avenues of recovery. Some auto insurance policies offer underinsured or uninsured motorist coverage, which can be incredibly helpful in these situations.
An injured driver may not have the option of filing a claim against his or her own policy, so the only option for recovery is to file a personal injury lawsuit against the at-fault driver. The plaintiff will need to prove the defendant is responsible for the plaintiff’s damages and prove the extent of those damages.
An injured driver can secure several types of compensation from a personal injury lawsuit, including:
- Medical expenses. The plaintiff can sue for the cost of medical treatment resulting from the at-fault driver’s negligence.
- Pain and suffering. The plaintiff can also recover compensation for the physical pain and mental suffering resulting from the at-fault driver’s negligence.
- Lost income. The plaintiff can recover any wages lost due to missed time from work.
- Property damage. The plaintiff can recover the costs of repairing or replacing his or her vehicle damaged or destroyed in the accident.
- Survivor benefits. If an uninsured motorist accident results in a death, the victim’s family can secure survivor benefits through a wrongful death claim.
Contact Texas Uninsured Vehicle Accident Lawyer Aaron A. Herbert Today
Dealing with any type of car accident is frustrating, and the right attorney can make a tremendous difference in the outcome of a lawsuit against an uninsured motorist. Texas drivers who find themselves involved in legal battles against uninsured motorists need reliable legal representation to handle insurance concerns and to navigate the lawsuit process. The Law Firm of Aaron A. Herbert, P.C. is here to help. Our firm has helped thousands all over Texas recover compensation through all types of civil actions. Contact our team today to schedule a free consultation with one of our attorneys.